This chapter regulates and limits the uses of land and the uses
and locations of buildings and structures; regulates and restricts
the height and bulk of buildings and structures and determines the
area of yards and other open spaces; regulates and restricts the density
of population; divides the City of Trenton into districts for such
purposes; adopts a map of the City showing boundaries and the classification
of such districts; establishes rules, regulations and standards governing
the subdivision and development of land within the City; establishes
a Planning Board and a Zoning Board of Adjustment; and prescribes
penalties for the violation of its provisions.
The short form by which this chapter may be known shall be the
"Zoning and Land Development Ordinance of the City of Trenton."
This chapter is adopted pursuant to N.J.S.A. 40A:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in the furtherance of the following related
and more specific objectives:
A.
Encourage action to guide the appropriate use or development of all
lands in the City, in a manner which will promote the public health,
safety, morals and general welfare.
B.
Secure safety from fire, flood, panic and other natural and man-made
disasters.
C.
Provide adequate light, air and open space.
D.
Ensure that the development of Trenton does not conflict with the
development and general welfare of neighboring municipalities.
E.
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods and the entire municipality as well as the preservation
of the environment.
F.
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies.
G.
Provide sufficient space in appropriate locations for a variety of
residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
H.
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
I.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
J.
Promote the conservation of historic sites and districts, open space,
energy resources and to prevent the degradation of the environment,
including but not limited to the air, water and visual environment,
through improper use of land.
K.
Encourage diverse types of housing construction.
L.
Establish orderly and uniform procedures relating to land use and
development regulation.
M.
Promote utilization of renewable energy sources.
N.
Promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste.
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed and
required by other provisions of law or by other rules, regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed by this chapter, the provisions of such other laws,
rules and regulations shall control.
All uses not expressly permitted in this chapter are prohibited.
All applicable requirements shall be met at the first time of
erection, enlargement, alteration, moving or change in use of a structure
and shall apply to the entire structure or structures, whether or
not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use. Moreover, no building
or structure shall be erected, moved, altered, added to or enlarged
unless in conformity with this chapter, and no building, structure
or land shall be used for any purpose or in any manner other than
as specified in this chapter. Nothing in this chapter shall be deemed
to require a change in plans, construction or intended use of any
buildings, structure or land on which actual construction or the application
for a permit or preliminary plans were lawfully submitted to any governmental
agency having applicable jurisdiction, and such actions were begun
and diligently pursued before the adoption of this chapter.
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted, or any building structure or land is
used in violation of, or contrary to, the provisions of this chapter,
or any building, structure or land is used in violation of, or contrary
to, any approved site plan or subdivision, including any conditions
made thereto, the City may institute any action to enjoin or any other
appropriate action or proceeding to prevent such erection, construction,
reconstruction, alteration, conversion or use. However, nothing in
this chapter shall be construed to restrict the right of any party
to obtain a review by any court of competent jurisdiction according
to law.
A.
Any violation hereunder shall be considered an offense punishable as provided in Chapter 1, General Provisions, Article III. The following rules shall apply in determining responsibility for violations and penalties:
(1)
The owner, general agent, contractor or occupant, or any combination
thereof, of a building, premises, or part thereof, where such a violation
has been committed or exists shall be guilty of such an offense.
(2)
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such offense.
B.
Each day that a violation continues after notification that it exists
shall constitute a separate offense.
C.
The imposition of penalties herein shall not preclude the City, or
any other person, from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion or use
or to restrain, correct or abate a violation or to prevent the illegal
occupancy of a building, land or premises.
A.
For the purpose of the land use and development provisions, certain
phrases and words are defined as herein set forth. In addition, the
following rules of interpretation shall apply:
(1)
Words used in the present tense include the future.
(2)
Words used in the singular number include the plural number and vice
versa.
(3)
The word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used."
(4)
The word "lot" includes the words "plot" and "premises."
(5)
The word "building" includes the words "structure," "dwelling" or
"residence."
(6)
The word "shall" is mandatory and not discretionary.
B.
Any word or term not defined herein shall be used with a meaning
as defined in Webster's Third New International Dictionary of the
English Language, unabridged, or latest edition. Moreover, whenever
a term is used in this chapter which is defined in N.J.S.A. 40:55D-1
et seq., such term is intended to have the meaning as defined in N.J.S.A.
40:55D-1 et seq., unless specifically defined to the contrary in this
chapter.
As used in this chapter, the following terms shall have the meanings indicated below. Definitions pertaining specifically to Article XXIII, Telecommunications Facilities, are provided in § 315-148 et seq.[1] Definitions pertaining specifically to Article XXV, Signs, are provided in § 315-191 et seq.[2]
Joining at the side, whether or not a street intervenes.
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith, including,
but not limited to, garages, carports, kennels, sheds and nonportable
swimming pools. Any accessory building attached to the principal building
shall be considered part of the principal building.
An extension or an increase in floor area or height of a
building structure.
Touching or bounding at a point or line.
The administrative officer of the City of Trenton, Mercer
County, New Jersey, unless a different municipal official is designated
by this chapter to administer certain of the responsibilities and
authorities specified for the administrative officer in N.J.S.A. 40:55D-1
et seq.
A public thoroughfare having a right-of-way width of 20 feet
or less.
Any change in or additions to the supporting members of a
building, such as columns, walls, girders, beams or rafters.
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
The application or appeal forms, and all accompanying documents,
required by this chapter for approval of a subdivision plat, site
plan, conditional use, zoning variance or direction for issuance of
a permit pursuant to N.J.S.A. 40A:55D-34 or N.J.S.A. 40:55D-36.
A device or structure attached to the exterior or erected
on the roof of a building designed to support service equipment or
used in connection therewith, or to support advertising or display
functions, or other similar uses.
Any outdoor area or space where more than three motor vehicles
for sale to the public may be parked, stored or displayed.
An awning is an extension from the building to shade or protect
windows from sun and storm.
That portion of a building which is partly or completely
below grade.
A room planned or used primarily for sleeping.
The length of a street between two street intersections.
The distance along any street line between the nearest streets
intersecting it.
A combination of materials to form a construction adapted
to a permanent, temporary or continuous occupancy structure and having
a roof.
The vertical distance measured to the highest point, exclusive
of chimneys and similar features, from the mean elevation of the finished
grade at the foundation along the side(s) of the building facing a
street, or to the street line if the street line is within 10 feet
distance from the foundation. In all cases where this chapter provides
for height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories within such footage.
The line established by law beyond which a building shall
not extend, except as specifically provided by law.
The area occupied by a building or structure, including the
yards and courts required for light and ventilation, and such areas
that are prescribed for access to the street.
See "commercial use."
A canopy is an overhanging protective covering for an entrance
extending from the main entrance of the building.
An acquisition of real property, major construction projects,
or acquisition of expensive equipment expected to last a long time.
A one-level structure, open on three sides, for the storage
of or parking for automobiles.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
A line midway between and parallel to two street or road
property lines, or as otherwise defined by the City Council.
The certificate issued by the Construction Official which
permits the use of a building in accordance with the approved plans
and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts,
together with any special stipulations or conditions of the building
permit.
Any use that substantially differs from the previous use
of a building or land resulting in an increase or decrease in intensity
of use, change in parking requirements, or means of ingress.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or shipment points.
The City of Trenton.
A building to house a club or social organization not conducted
for profit and which is not adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
The exhibition to the senses of another person for valuable
consideration, whether the valuable consideration is paid by the recipient
of the exhibition or by another and whether the exhibition occurs
at the exhibitor's place of business or elsewhere.
A use that involves the sale of goods or services carried
out for profit.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter,
and personal guidance, under such supervision as required, to no more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to, group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
In the case of such a community residence housing mentally ill
persons, such residence must be approved for a purchase of service
contract or an affiliation agreement pursuant to such procedures as
shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services under such supervision as required to not more than 15 terminally
ill persons.
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical
care, legal assistance, personal guidance and other services to not
more than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application form, completed as specified by this chapter
and the rules and regulations for all accompanying documents required
by the Planning Board or the Zoning Board of Adjustment pursuant to
this chapter for approval of the application for development, including,
where applicable, but not limited to, a site plan, provided that the
Board may require such additional information not specified in such
chapter, or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the Board. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
chapter and in the rules and regulations of the Board and shall be
deemed complete as of the day it is so certified by the administrative
officer for the commencement of the time period for action by the
Board.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning provisions of this chapter, and upon the
issuance of an authorization thereof by the Planning Board.
See "dwelling."
See "lot, corner."
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet beyond the foundation.
The square footage of all areas of a lot that are covered
by impervious surfaces, including buildings, parking areas, driveways,
sidewalks and any other area of concrete, asphalt or similar material
that does not allow natural runoff to percolate into the ground.
Any facility outside of the caregiver's home that is maintained
for the care, development or supervision of six or more children or
elderly persons who attend the facility for less than 24 hours a day.
A raised platform structure without a permanent roof that
is located in the rear yard of either a detached, semidetached or
row house dwelling unit.
A number expressing dwelling units per gross land area.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable property interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or any
other use of land or extension of use of land, for which permission
may be required.
A delineated business district located within the City's
downtown having certain distinctive characteristics with regard to
the design and controlled use of the thoroughfares and sidewalks upon
which the commercial property and places of business are situated.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Any establishment, building or structure where service is
provided to the customer from an automobile service window with access
provided by a drive-through lane incorporated into the site design.
APARTMENT BUILDING/MULTIFAMILY DWELLING STRUCTUREA residential dwelling structure that contains three or more dwelling units.
BOARDINGHOUSEAny building, or portion thereof, containing one or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, and as otherwise defined in N.J.S.A. 55:13B-1 et seq.
CONDOMINIUMThe form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
COOPERATIVEA form of common ownership of real property with each owner having a share of the building and common elements appurtenant to all units.
DORMITORYA space in a building where group sleeping accommodations are provided for persons not members of the same family group in one room or in a series of closely associated rooms.
ROW HOUSE DWELLING UNITA single-family dwelling attached to two or more single-family dwellings by common vertical walls.
SINGLE-FAMILY DETACHED DWELLING UNITA freestanding single-family dwelling that does not share a common vertical wall with any other dwelling unit on an adjoining zoning lot and where all sides of the structure are surrounded by yards or open areas within the zoning lot on which the unit is located.
SINGLE-FAMILY SEMIDETACHED DWELLING UNITA single-family dwelling attached to one other single-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
(Reserved)
TWO-FAMILY DWELLING STRUCTUREA structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor, except for a common stairwell exterior to both dwelling units.
A room, or series of connected rooms, designed for permanent
residency containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling unit shall be self-contained
and shall not require passing through another dwelling unit or other
indirect route(s) to get to any other portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, the public, a
corporation or particular persons for specific uses.
A person living alone or any one of the following groups living
together:
Any number of people related by blood, marriage, civil union,
adoption, guardianship, or other duly authorized custodial relationship;
and
One unrelated person per bedroom plus one additional unrelated
person, not to exceed four persons. For persons who are unrelated
and for purposes of this definition, a studio or efficiency dwelling
unit shall be considered a one-bedroom dwelling unit. Therefore, a
studio, efficiency, or one-bedroom unit may have a maximum of two
occupants, a two-bedroom unit may have a maximum of three occupants,
and a three-bedroom unit may have a maximum four occupants.
The term "family" shall not refer to:
A community residence for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries,
and adult family care homes for elderly persons and physically disabled
adults as defined and regulated by the State of New Jersey.
Any society, club, fraternity, sorority, association, lodge
or like organization.
Any group of individuals whose association is temporary (less
than 60 days) or seasonal in nature.
Any group of individuals who are in a group living arrangement
as a result of criminal offenses.
The private residence of a family day-care provider that
is registered as a family day-care home pursuant to the "Family Day
Care Provider Registration Act," P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.).
See "structure."
The official action of either the Planning Board or the Zoning
Board of Adjustment taken on a preliminarily approved site plan after
all conditions, engineering plans and other requirements have been
completed or fulfilled.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwaters of the channel, including
the following components:
FLOOD-FRINGE AREAThat portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREALand in the floodplain subject to a one-percent or greater chance of flood in any given year.
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section measured from
the exterior face of exterior walls or from the center line of a wall
separating buildings. Basements which satisfy applicable construction
definitions of habitable space are included in the GFA for residential
uses.
Finished and heated area fully enclosed by the inside surfaces
of walls, windows, doors and partitions and having a headroom of at
least 6 1/2 feet, including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, half stories, unfinished attics and basements
and common hallways and entrances.
The ratio of the gross floor area of a structure to the area
of its zoning lot or tract.
The street upon which the majority of lots within a block
are fronted, or any street so designated by the City Council.
A structured garage with one or more levels used exclusively
for parking passenger vehicles.
A garage for four or fewer passenger motor vehicles without
provision for repairing or servicing such vehicles for profit, and
not conducted as a business or used for the storage of more than one
commercial vehicle, which shall be owned by a person residing on the
premises.
A garage conducted as a business in which provision is made
for the care, repair or painting of motor vehicles. A repair garage
shall include auto body and fender work and engine dismantling and
is not limited to minor repairs or engine tune-ups.
The gross area within the lot lines of a lot, including any
environmentally sensitive areas such as steep slopes or wetlands,
and excluding any public rights-of-way.
In general, the production of goods, such as steel, used
in the production of other goods, and otherwise, industrial uses in
conformance with the applicable performance standards of this chapter.
A district that has been designated by the City as having
a special character or special historic or aesthetic interest or value,
and representing one or more periods or styles of architecture typical
of one or more eras in the history of the City, state or nation, and
by reason of such features to constitute a distinct section of the
City.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to this chapter.
An occupation carried out in a dwelling unit by the resident
thereof, provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and does not change the character thereof.
A commercial establishment providing temporary lodging accommodations
containing 10 or more rooms with at least 75% of all rooms accessed
by passing through the main lobby of the building and containing additional
services such as restaurants, meeting rooms and recreation facilities.
The sum of the area of coverage or footprint of all buildings,
structures, paved areas, patios and other improved surfaces on a lot
preventing natural runoff from percolating into the ground, measured
in square feet. Areas paved with gravel, crushed stone and other pervious
materials as well as open wood decks with spacing between floorboards
shall not be considered impervious. Calculation of total impervious
surface area on a site shall be based upon gross lot area, not the
net developable area on a site.
Any space, whether inside or outside a building, used for:
In general, the production of goods and services for direct
consumption by the consumer, and otherwise, industrial uses in conformance
with the applicable performance standards of this chapter.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
The area contained within the lot lines of a lot, not including
any portion of a street right-of-way.
A lot abutting two or more intersecting streets where the
interior angle of intersection does not exceed 135°. Each corner
lot shall have two front yards and two side yards.
See "coverage, lot."
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The horizontal distance between the side lot lines measured
along the street line. The minimum lot frontage shall be the same
as the lot width. In the case of a corner lot, either street frontage
which meets the required frontage for that zone may be considered
the lot frontage.
A lot other than a corner lot.
A line of record, as shown or described on a plat or deed,
bounding a lot that divides one lot from another or from a public
or private street or any other public space.
The straight and horizontal distance between the side lot
lines at setback points on each side lot line measured an equal distance
from the street line. The minimum lot width shall be measured at the
minimum required building setback line. When side lot lines are not
parallel, the minimum lot width at the setback line shall not be less
than 75% of the minimum lot frontage for the zoning district in which
the lot is located.
Any parcel of land separated from other parcels or options
as by a subdivision plat or deed record, survey map or by metes and
bounds, except that for purposes of this chapter, contiguous undersized
lots under one ownership shall be considered one lot, and further
that no portion of an existing public street shall be included in
calculating a lot boundary or lot area.
A marquee is an extension from the building of a flat type
of construction to protect windows and doorways or to ornament the
building.
Any machine which, upon the insertion of a coin, slug or
token, may be operated by the public generally for use as a game,
entertainment or amusement, whether or not registering a score. It
shall include such devices as pinball machines, skill ball, mechanical
grab machines, mechanical bowling machines, video amusement devices
and all games, operations or transactions similar thereto under whatever
name they may be designated.
A commercial establishment providing transient lodging accommodations
containing 10 or more rooms with at least 75% of all rooms having
direct access to the outside without the necessity of passing through
the main lobby of the building.
An area of land, including any structures thereon, used for
the retail sale of gasoline, oil or other fuel for the propulsion
of motor vehicles and incidental services, including facilities for
lubrication, hand washing and the furnishing of minor motor vehicle
accessories and repairs, but excluding an automobile car wash or repair
garage.
A building consisting of more than two stories, not including
a basement.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning provisions
of this chapter but fails to conform to the requirements of the district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by means of such adoption, revision or amendments.
The appearance of a human bare buttocks, anus, male genitals,
female genitals or female breasts.
The definition of obscene materials set forth in P.L. 1978,
c. 95, as amended by P.L. 1982, c. 211, § 1 (effective December
23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to
time amended or supplemented, as well as in accordance with and not
more strictly than judicial interpretations thereof pursuant to the
Constitutions of the United States and of the State of New Jersey
finally concluded in courts of jurisdiction sufficient to render decisions
on constitutional questions of general application.
Located outside the lot lines of the property in question
but within the property of which the lot is a part, which is the subject
of a development application, or on a contiguous portion of the street
right-of-way or drainage or utility easement.
Not located on the property which is the subject of a development
application, or a contiguous portion of a street right-of-way or drainage
or utility easement.
Located on the lot that is the subject of an application
for development.
Any parcel or area of land or water essentially undeveloped
or unimproved and set aside, designated or reserved for public or
private use or enjoyment; provided that such areas are improved with
only those buildings, structures, streets and off-street parking and
other improvements that are designed to be incidental to the natural
or landscaped area.
An area either within a structure or in the open, for the
parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way.
Any security, including performance bonds, letters of credit,
escrow agreements and other similar collateral or surety agreements
in accordance with the requirements of this chapter, which may be
accepted in lieu of a requirement that certain improvements be completed
prior to final approval of a development application.
A minimum requirement or maximum allowable limit on noise,
vibration, smoke, odor or other noxious effect of an industrial use.
Any use of land or buildings as permitted by this chapter.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
Places of business which offer a nontangible commodity between
individuals, such as banks, barbers, realtors, dry cleaners, tailors
and travel and insurance agents, but in no instance shall automobile
service stations or government and not-for-profit social service programs
be considered personal customer services.
The sum of the gross lot area, which allows natural runoff
to percolate into the ground, measured in square feet. Areas paved
with gravel, crushed stone, or other pervious materials shall be considered
pervious.
A platform without enclosed walls that extends from a dwelling
unit into the rear, front or side yard.
The main purpose for which a lot or building is used.
The portion of any lot, parcel, tract or combination thereof
that encompasses all phases of a proposed project.
The use of land or buildings by the governing body of the
City or any officially created authority or agency thereof.
See "junkyard and recycling center."
An area that the City has determined is "in need of redevelopment"
as defined by state statute (N.J.S.A. 40A:12A-7). Such areas are designated
on the City's Redevelopment Area Map.
An official City map that outlines the boundaries of designated
redevelopment areas.
A plan for revitalization of a designated redevelopment area
that outlines the boundaries of the area and provides a land use plan
and a proposal for redevelopment, including land acquisition and redeveloper's
obligation. Land use regulations and the land use plan outlined in
a redevelopment plan supersede the regulations of the underlying zoning
district within which the redevelopment area is located.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building. However,
a snack bar or refreshment stand at a public or community swimming
pool, playground, playing field or park operated solely by the agency
or group operating the recreational facility and for the convenience
of patrons of the facility shall not be deemed a restaurant.
Formal approval from the City of Trenton Landmarks Commission
to permit proposed development, restoration or alteration to designated
historic property or property in a designated district.
The further division of a lot or the adjustment of a lot
line or lot lines.
A business selling tangible commodities, such as department
stores, variety stores, apparel and accessory sales, furniture, appliance
and antique stores where all sales are under one roof.
Publicly dedicated land, including street, curb and sidewalk.
A public or private nonprofit organization providing regular
instruction for a normal school year, but not a school or college
giving special or limited instruction, such as business, art, beauty,
music, dancing or nursery school.
A person or corporation engaged in the instruction of children
or adults for personal profit and not as an integral part of the public
school system, of a college or similar institution of higher learning
or of an established religious or charitable organization; a business
use.
A line drawn parallel with a street line or lot line that
indicates the minimum distance allowed between a building and the
front, rear and side lot lines on a zoning lot.
The permitted setback line, for a particular lot or building,
based on a calculation which totals the existing setback distances
of existing principal structures, located on lots within 200 feet
of the particular lot or building on each side of such building or
lot and fronting on the same side of the street, divided by the number
of existing setback distances utilized. If a lot within the specific
calculation area does not contain a principal structure, the setback
distance used in the calculation shall be the required setback distance
for that lot.
Any of the uses, or any combination therefor, as defined
below.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STOREA commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed material or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
ADULT MOTELA hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:
Provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and has
a sign visible from a public right-of-way which advertises the availability
of these adult types of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established for adult theaters.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
A name, identification, description, display or illustration
which is affixed to or printed or represented directly or indirectly
upon a building, structure or parcel of land and which directs attention
to a person, institution, organization, activity, place, object, product
or business; also, any structure, device, letter, word insignia or
representation that is designed to be seen from outside a building
advertising activities, goods, products, services or facilities available.
This definition includes signs attached onto the facade of buildings,
in windows or doors, on canopies, marquees and awnings, but does not
include window displays of merchandise or signs incidental to the
display of merchandise. The display of official public notices or
the flag, emblem or insignia of a nation, a political unit or temporary
displays are not included in this definition.
BILLBOARDA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
FREESTANDING SIGNAny sign designed to be seen from outside a building that advertises activities, goods, products, services or facilities available on site that is not attached to a building and is supported by its own structure.
SIGN AREAThe maximum projected area of the shape which encloses the sign, device or presentation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum horizontal dimensions of all lettering and symbols which form the sign. The sign area shall be calculated including all decoration but excluding supports, if any, unless the same are illuminated, as defined. Any neon tube, string of incandescent lights or similar device shall be considered as having a minimum dimension of three inches.
SIGN HEIGHTThe distance measured in feet between the elevation at the nearest street right-of-way and the top of the sign, excluding any ornamentation which has a cross-sectional area of one square foot and a height of 12 inches.
SIGN WITH FLASHING, ANIMATED OR INTERMITTENT ILLUMINATIONA sign upon which the illumination is not maintained at a constant or stationary intensity and/or color at all times when illuminated, or any revolving illuminated sign.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not limited to, topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices.
Any other information that may be reasonably required in order
to make a determination concerning the adequacy of the plan in accordance
with the requirements of this chapter.
Individual lot applications for detached one- or two-dwelling
unit buildings in conformance with district regulations, and additions
under 1,000 square feet to existing buildings of a permitted use in
a given district which complies with applicable district regulations.
All site plans not defined as minor or exempt plans.
A development consisting of one or more lots which:
Proposes new development within the scope of development specifically
permitted by this chapter for a minor site plan.
Does not involve a planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to this
chapter.
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
Is not situated within a flood hazard area.
Will not contain more than four off-street parking spaces, as
required by this chapter.
Will contain a building or land area consisting of less than
3,000 square feet of gross floor area.
The examination of the specific development plan for a lot
or tract of land. Whenever the term "site plan approval" is used in
this chapter, it shall be understood to mean a requirement that the
site plan be reviewed and approved by the Planning Board or Zoning
Board of Adjustment.
Less than completely and opaquely covered by fabric or cloth
human genitals, pubic region, anus or female breasts below the point
immediately above the top of the areola down to the bottom of the
areola. The entire areola and nipple of the female breasts must be
completely covered by opaque fabric or cloth as is shown on Exhibit
A annexed hereto and made a part hereof.[3]
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Includes any of the following:
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is not a floor above it, then the surface between the floor and the
ceiling next above it and including those basements used for primary
use. For the purpose of this chapter, the interior of the roof shall
not be considered a ceiling. A half story is the area under a pitched
roof at the top of a building, the floor of which is at least four
feet, but no more than six feet, below the plate.
Any road (other than a private road), highway, street, avenue,
boulevard, parkway, alley, viaduct, drive or other way:
Which is an existing state, county or municipal roadway;
Which is shown upon a plat heretofore approved pursuant to law;
Which is approved by official action as provided by this chapter;
Which is shown on a plat duly filed and recorded in the office
of the county recording officer and includes the land between the
street lines, whether improved or unimproved, pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines;
A thoroughfare publicly or privately owned, open to general
public use and having a right-of-way width greater than 20 feet.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on or in the ground, including buildings, fences, masonry walls, tennis
courts, tanks, signs, advertising devices and swimming pools.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the
meaning of this chapter if no new streets are created:
Divisions of property by testamentary or intestate provisions,
provided that the division is in conformity with the applicable ordinance
requirements.
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and found and certified
by the administrative officer to conform to all requirements of the
municipal development regulations and which are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas in the
City.
The term "subdivision" shall also include the term "resubdivision."
Any division of land not classified as a minor subdivision.
Any division of land containing an aggregate of not more
than three lots, one new lot and the remaining parcel(s), each fronting
on an existing street or streets, and:
Not involving any new street or the installation of any street
improvements or the extension of City facilities.
Not involving any streets requiring additional right-of-way
width as specified in the Master Plan or Official Map or the street
requirements of this chapter, unless such additional right-of-way
width, either along one or both sides of such street(s), as applicable,
shall be deeded to the City or to the appropriate governmental authority
prior to classification as a minor subdivision.
Not adversely affecting the development of the remainder of
the parcel or adjoining property and not in conflict with any provisions
of the Master Plan, Official Map or this chapter.
Not being a further division of an original tract of land for
which previous subdivision(s) have been approved by the City within
the current calendar year and where the combination of the proposed
and approved minor subdivision(s) constitutes a major subdivision.
The original tract of land shall be considered any tract in existence
at the time of the adoption of the zoning provisions of this chapter
as shown on the City Tax Maps. Any readjustment of lot lines resulting
in no new lots shall be classified as a minor subdivision.
Not being deficient in those details and specifications required
of minor subdivisions as specified in this chapter.
The examination of the specific plat for a lot or tract for
subdivision of land. Whenever the term "subdivision approval" is used
within this chapter, it shall be understood to mean a requirement
that the subdivision plat be reviewed and approved by the Planning
Board or the Zoning Board of Adjustment in conjunction with a use
variance.
Any outdoor area or space conducted as a business, or rented
or ancillary to any institution, business or residential use, where
more than three motor vehicles may be parked or stored, excluding
used car lots.
Any artificially constructed swimming bathing pool or tank,
above or below the ground, whether permanently installed, portable,
collapsible or otherwise, having either an inside structural depth
in excess of 18 inches below the level of the surrounding ground,
or in excess of 30 inches above the surface of the surrounding ground,
or a surface area in excess of 120 square feet, or a capacity in excess
of 1,400 gallons, constructed or maintained on any lot, as an accessory
use, by any person for the use of themselves, or any member of their
household, and guests. The term includes all buildings, structures,
equipment and appurtenances thereto, subject to all requirements of
this chapter.
A building occupied by a resident family and arranged or
used for additional temporary lodging, with or without meals, for
compensation, and containing up to 10 guest rooms.
An area, parcel, site, piece of land, or property that is
the subject of a development application.
A comprehensive and professional study which analyzes existing
and future year traffic volumes and levels of service for off-tract
intersections and roadways which may be impacted by a proposed development
and includes recommendations for traffic improvement strategies.
A vehicle, with or without its own motive power, equipped
or used for living purposes and mounted on wheels, or designed to
be so mounted and transported.
The City of Trenton downtown district management corporation.
A departure from the terms of this chapter authorized by
the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1
et seq.
VARIANCE, BULK ("C" variance)A deviation from zoning district standards pertaining to yard setbacks, height (below a ten-percent excess of permitted height), building massing, or other bulk provisions and parking restrictions.
VARIANCE, USE ("D variance)A deviation from zoning district standards pertaining to permitted uses, conditionally permitted uses, floor area ratio, permitted density, or height (in excess of 10% above permitted height) provisions.
An open space that lies between the principal building or
buildings and the nearest lot line.
FRONT YARDThe space between the building line or front main wall of a building, excluding steps and open porches not exceeding eight feet and overhanging eaves, cornices and similar fixtures, and the front property line.
REAR YARDAn open space on the same lot with a building between the rear wall of the building and the rear line of the lot and unoccupied except for accessory buildings, decks and open porches which, in the aggregate, shall not occupy more than 50% of the area.
SIDE YARDAn open, unobstructed space on the same lot with a building between the building and the side line of the lot, and extending through from the front or the rear yard, into which space there is no extension of building parts, other than eaves with an overhang of not more than one foot, rainwater leaders, window sills and other such fixtures, open steps for a distance not exceeding four feet and bay windows not more than 12 feet wide, at one floor level only, and for a distance not exceeding two feet.
A specifically delineated area or district within the City
within which uniform regulations and requirements govern the use,
placement, spacing and size of land and buildings.
An official City map that is a part of the City's land development
ordinances that delineates the boundaries of zoning districts.
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the zoning provisions
of this chapter.
